Air New Zealand baggage dispute

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Air New Zealand baggage dispute

AIR NEW ZEALAND LTD v DISPUTES TRIBUNAL ([2016] NZHC 393, 9 March 2016 .

Mr and Mrs Green (not their real names) flew to London on an Air New Zealand flight. Their suitcases failed to arrive until nine days into their stay. When Mrs Green asked if their lost items would be replaced by the airline on a “like-for-like” basis she was told they would. The Greens went shopping and spent $26,000 on replacements items. They recovered $1,900 from their travel insurance. They brought a claim against Air New Zealand to the Disputes Tribunal for $15,000.

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GST on Damages Paid under a Liability Policy

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SOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST v INVERCARGILL CITY COUNCIL [2016] NZHC 41, 1 February 2016.

While the position with respect to whether a successful plaintiff needs to account for GST when receiving a damages award is well established, what has been less clear is whether the position is different when the defendant is insured for its liability to the plaintiff and the damages is being paid by an insurer under a liability policy. 

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Limited Liability for Housemovers

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Limited Liability for Housemovers

Circuit v Andrews Housemovers Limited [2015] NZDC 24886 [18 December 2015]

Mr and Mrs Circuit purchased a house in Ellerslie, to move to their own property in Tairua. They engaged the defendant, AHL, to transport the house. During the move itself, the front section of the house was completely destroyed. AHL accepted liability for the loss under the Carriage of Goods Act 1979, but said that its liability was limited by the Act to the sum of $2000—a problem that the plaintiffs were keen to circumvent because they had not followed AHL’s advice to insure the house while in transit.

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